State ex rel. Egermayer v. Kelly
Supreme Court of Iowa
Appeal from, Marshall District Court. — Hon. J. M. Parker, Judge. Action in equity to enjoin defendants Kelly and others from keeping, using, or maintaining on the real estate specifically described a place for the unlawful sale of intoxicating liquors or for keeping the same with the intent to sell in violation of law, and to have the costs, including statutory attorney’s fees, declared a lien upon the described premises of which defendant Charles M. Korney and one C. IT.
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Appeal from, Marshall District Court. — Hon. J. M. Parker, Judge. Action in equity to enjoin defendants Kelly and others from keeping, using, or maintaining on the real estate specifically described a place for the unlawful sale of intoxicating liquors or for keeping the same with the intent to sell in violation of law, and to have the costs, including statutory attorney’s fees, declared a lien upon the described premises of which defendant Charles M. Korney and one C. IT. Korney are alleged to he the owm ers. The defendants other than Charles M. Korney filed an answer denying the allegations…
1Opinion of the Court
McClain, J. —
This appeal presents the question whether the trial court erred in holding that under a consent decree agreed to by counsel for all the defendants except Charles M. Forney, who had filed an answer denying knowledge of illegal sales on the premises, the costs of the action could be made a lien upon such premises in the absence of any evidence showing knowledge on the part of said defendant Forney.
i. Intoxicating liquors: nuisance: costs101*0”' I.’ Iu Code, section 2422, it is provided that in an action to abate a liquor nuisance the costs assessed or judgment rendered against any…
2Cases cited7 opinions
- Polk County v. HierbSupreme Court of Iowa · 1873
- Cobleigh v. McBrideSupreme Court of Iowa · 1876
- Ottumwa Savings Bank v. City of OttumwaSupreme Court of Iowa · 1895
- Denmead v. ParkerSupreme Court of Iowa · 1910
- Meyers v. KirtSupreme Court of Iowa · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State Ex Rel. Bailes v. Guardian Realty Co.Supreme Court of Alabama · 1939
- Gibson v. Adams Express Co.Supreme Court of Iowa · 1919